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2. Transitional Justice in Africa: What's Human Rights Got to Do with It?
- Author:
- Elsabe Boshoff
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The African Commission on Human and Peoples' Rights has the potential to play a significant role in the development of holistic transitional justice approaches by providing a framework for states based on the African Charter on Human and Peoples' Rights and related regional human rights instruments. This policy brief presents ways in which the African Commission's 2019 Study on Transitional Justice and Human and Peoples' Rights in Africa develops a comprehensive human rights-based framework for transitional justice processes on the continent, as well as ways in which transitional justice can be mainstreamed in the African Commission's own work.
- Topic:
- Human Rights, International Cooperation, Transitional Justice, and Humanitarian Crisis
- Political Geography:
- Africa
3. The African Union Transitional Justice Policy: Expanding the Frontiers of Transitional Justice
- Author:
- Solomon Dersso
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The African Union Transitional Justice Policy (AUTJP), adopted in 2019, is the culmination of a nearly decade-long legislative process. It endows the African Union with a full-fledged justice architecture in combination with its human rights architecture and the Malabo Protocol on the criminal jurisdiction of the African Court. This policy brief provides a summary of the salient elements of the AUTJP and a discussion on the importance of the policy for societies in transition. It outlines what this policy means in terms of the role of the African Union and how it can be used by affected groups and advocacy organizations, as well as the prospects and challenges for implementation.
- Topic:
- International Cooperation, Transitional Justice, Regionalism, and African Union
- Political Geography:
- Africa
4. Charting the Course for Transitional Justice in Africa: Recommendations of the 2017–2020 African Transitional Justice Forums
- Author:
- Centre for the Study of Violence and Reconciliation
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- From 2017 through 2020, the Department of Political Affairs of the African Union Commission and the Centre for the Study of Violence and Reconciliation organised annual African Transitional Justice Forums—multistakeholder platforms for identifying solutions rooted in collective and national experiences, sharing best practices to advance an African transitional justice discourse and practice, and generating new ideas on how to support transitional justice processes on the continent, while facilitating cooperation. The ideas and experiences shared at these Forums have contributed to the development, dissemination and implementation of the 2019 African Union Transitional Justice Policy, in addition to critical reflection on how to elaborate its provisions. This policy brief presents the main recommendations of the four African Transitional Justice Forums.
- Topic:
- International Cooperation, Transitional Justice, Peace, and African Union
- Political Geography:
- Africa
5. COVID-19, Transitional Justice and Victims' Experiences in Africa
- Author:
- Olivier Kambala
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- This policy paper explores the situation of victims vis-à-vis transitional justice processes in selected African countries when COVID-19 appeared. It looks at the performance of these transitional justice processes and attempts to ascertain the prospects for the African Union Transitional Justice Policy (AUTJP) to improve remedies for victims. It also suggests ways to orient the AUTJP's scope to alleviate victims' plight, including through synchronisation with other regional processes, during and beyond COVID-19.
- Topic:
- International Cooperation, Transitional Justice, Public Health, Pandemic, African Union, and COVID-19
- Political Geography:
- Africa
6. Transitional Justice in Crisis Situations: Addressing Violent Extremism, Beyond a Militarised Approach
- Author:
- Hafsa Maalim and Melvis Ndiloseh
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- This policy paper draws from the discussions of the Fourth African Transitional Justice Forum, held on 26–28 October 2020 under the theme "Silencing the Guns in the Context of COVID-19: Progress, Problems and Prospects." Following an overview of the growing threat posed by violent extremism in Africa, the paper highlights limitations of militarised approaches. It further builds a case for mobilising transitional justices measures to address violent extremism, and proposes the tools enshrined in the African Union Transitional Justice Policy (AUTJP) as a viable option.
- Topic:
- International Cooperation, Transitional Justice, Peace, Reconciliation, and African Union
- Political Geography:
- Africa
7. Climate Focused Transitional Justice
- Author:
- Jasmina Brankovic, Augustine Njamnshi, and Christoph Schwarte
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The Covid-19 pandemic has created human suffering on a global scale, but also a window of opportunity to rethink how we live, work and play. For the time being, calls for a green recovery that builds back better by cutting greenhouse gas emissions, protecting the environment and creating a fairer, more equitable society have become commonplace. This could help to build new momentum in international efforts to combat climate change and rebuild lost trust and goodwill between parties in the intergovernmental negotiations through new collective approaches. If we are serious about creating a better future, transitional justice can provide some important guidance on the way forward. It would provide a framework to deal with past inequitable use of the global environment in a transparent and inclusive manner and shape a new path of international solidarity and collaboration. This paper provides a brief overview of the concept of transitional justice, its techniques and potential relevance in the climate negotiation context.
- Topic:
- Climate Change, International Cooperation, Transitional Justice, Pandemic, and COVID-19
- Political Geography:
- Africa
8. Traditional Transitional Justice Mechanisms: Lessons from Africa
- Author:
- Nomathamsanqa Masiko-Mpaka
- Publication Date:
- 01-2020
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- Transitional justice is widely accepted as a process for countries to employ when transitioning from authoritarian rule or armed conflict to democracy and in their quest to address legacies of systemic violence and human rights violations. As defined by the African Union, transitional justice refers to “the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation.” While societies coming out of conflict or authoritarian rule have different histories, priorities and needs, commonly used mechanisms of transitional justice include criminal prosecutions, truth telling, reparations, institutional reforms, memorialisation, traditional justice, and vetting and lustration. The implementation of transitional justice is believed to be more effective, impactful and holistic when a combination of mechanisms is employed either simultaneously or sequentially.
- Topic:
- Human Rights, Democracy, Transitional Justice, Violence, and Justice
- Political Geography:
- Uganda, Africa, Mozambique, Sierra Leone, and Rwanda
9. Transitional Justice and the Inclusion of LGBTQIA+ Rights
- Author:
- Thokozani Mbwana
- Publication Date:
- 01-2020
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- Transitional justice, as defined by the African Union Transitional Justice Policy (AUTJP), is a set of processes and mechanisms that aim to assist society in coming to terms with authoritarianism, past abuses and conflict. This is done by promoting accountability, peace, reconciliation and justice. The processes include judicial and non-judicial mechanisms such as criminal prosecutions, truth commissions (truth telling and seeking), institutional reforms and reparations.
- Topic:
- Transitional Justice and LGBT+
- Political Geography:
- Africa
10. Freedom under Siege: Freedom of Association and Assembly in Sub-Saharan Africa
- Author:
- Selby Xinwa
- Publication Date:
- 02-2020
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- This briefing paper provides an overview of the shrinking civic space as well as the situation on the violations of the rights to freedom of association and assembly in sub-Saharan Africa. It also highlights innovation and strategic advocacy approaches employed by sub-Saharan Africa's civil society to defend their civic participation space.
- Topic:
- Civil Society, Transitional Justice, Advocacy, Civil Liberties, and Civic Engagement
- Political Geography:
- Africa and Sub-Saharan Africa